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LEGAL TERMS

ACT-a statute or law passed by legislature


AFFIDAVIT- a written, sworn voluntary statement of evidence
APPEAL-a request to a highest court to overturn judgment of a lower one
CASE METHOD-a system of instruction or study of law focused upon the
analysis of court rather than lectures and textbooks
CIVIL LAW-the body of laws of a state or nation dealing with the rights of
private citizens
COMMON LAW-body of law developed through the courts and law decision

CONSTITUTION-the system of law and basic principles that a state, country


or an organization is governed by
CONTRACT-a legally enforceable agreement between two or more parties with
mutual obligation
CRIME- a public wrong/an offence against society punishable by the state

CUSTODY- the state of being detained or held under guard, especially by the
police; a care, supervision, and control exerted by one in charge (custody of a child)
DAMAGES-money ordered by a court to be paid as compensation for injury or
loss caused by anothers fault or negligence
DUE PROCESS-the administration of justice according to established rules
and principles; based on the principle that a person cannot be deprived of life or
liberty or property without appropriate legal procedures and safeguards

EQUITY-the part of English law that was originally administered by the Lord
Chancellor and later by the Court of Chancery, as distinct from the administration by
the courts of common law. The main areas of equitable jurisdiction now include:
trusts, equitable interests over property, and equitable remedies, such as specific
performance, injunction, etc.
the set of legal principles that supplement strict rules of law where their application
would operate harshly (wikipedia)
JUDICIAL PRECEDENT-a judicial decision that may be used as a
standard in subsequent similar cases
LAW REPORTS-published volumes of the decisions of courts

LEGISLATION-lawmaking; the preparation and enactment of laws by a


legislative body; written and approved laws
LIABLE-legally responsible

NEGLIGENCE-a tort or civil wrong; failure to act as a reasonable person


would be expected to act in similar circumstances
PARLIAMENT-a national representative body having supreme legislative
powers within the state
PARTY-a person making or responding to a claim in a court or other adversarial
proceeding; a person who sues or defends a lawsuit

RATIO DECIDENDI-the principle or rule constituting the basis of a court


decision, which is binding on courts of lower and later jurisdiction
REASONABLE PERSON- a legal fiction of the common law representing
an objective standard against which any individuals conduct can be measured. The
reasonable person standard holds: each person owes a duty to behave as a reasonable
person would under the same or similar circumstances. This standard performs a
crucial role in determining negligence in both criminal law-that is, criminal
negligence-and tort law.
REMEDY-the relief (as damages, restitution, specific performance, or injunction)
that may be given or ordered by a court or other tribunal for a wrong

SOURCES OF LAW-the authority from which laws derive their force


TORT-a civil wrong, or wrongful act, whether intentional or accidental, other than
a breach of contract, from which injury occurs to another and for which the law
imposes civil liability
TRIAL-a judicial examination and determination of facts and legal issues arising
between to a civil or criminal action

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